Trademarks for both Fitness Hero and Workout Hero have been registered with the United States Patent and Trademark Office. Siliconera, which spends its summer afternoons looking up trademarks, found the listings aren't by Activision, but by VPT Technologies, an exergaming developer.

We said it before -- when Gearbox Software registered War Hero -- doesn't Activision own the word "hero" in relation to any video game by this point? We know Activision is litigious -- even when it's wrong. Some attorney on retainer should be all over this.

This article was originally published on Joystiq.

Sony commissions PS3 MMO for Taiwanese market